Page:Halsbury Laws of England v1 1907.pdf/682

 — Arbitration.

460 Sect.

no doubt because the "misconduct" of the arbitrator umpire does not in most cases appear until the award has been made, and partly also because, where the circumstances are such that it is possible to establish misconduct before the award has been made, the aggrieved party has the alternative remedy of

rare, partly 6.

Removal

of Arbitrator or Umpire.

Appointment set aside by Court.

or

applying for leave to revoke his submission (b). Where the submission is contained in a written agreement and provides that the reference shall be to two arbitrators, one to be appointed by each party, and one of the appointed arbitrators refuses to act or is incapable of acting, or dies, and the party who appointed him appoints another arbitrator in his place, the Court can set aside such appointment; and where on such a reference one party makes default in appointing an arbitrator either originally or by way of substitution, and the other party appoints his arbitrator to act as sole arbitrator in the reference, the Court can likewise set aside such appointment (c). Sect.

Appointment of time and place of

meeting.

970.

It is, in

upon to time and place called

7.

Conduct of an Arbitration.

first place, the duty of an arbitrator, when pursuant to the submission, to appoint a meeting and to give due notice thereof to the

the act

of

parties.

Where

the reference is to more than one arbitrator, they should concur in appointing the time and place of meeting and in doing all other acts in the course of the reference, unless the submission provides that the decision of the majority is to be binding (d). The arbitrator cannot hear one party in the absence of and without notice to the other parties (e) but where nothing was done at a meeting notice whereof had not been given to the other side, the award was not thereby invalidated (/). In fixing the times and places of meetings it is usual for the arbitrator to consult the convenience of the parties and to comply, but it is within his discretion so far as possible, with their wishes to fix such times and places as he may think proper (g). Where the time and place of meeting appointed by the arbitrator are reasonable, and due notice thereof has been given to the parties, but one of the parties refuses to attend, the arbitrator may proceed with the reference in his absence. W^here the arbitrator proposes to proceed with the reference notwithstanding the absence of one of all

Absence of one party.





Failure of party to

attend appointment.

be made by summons. In the King's Benob. Division such an application would be beard by a Divisional Court, and in the Chancery Division by the judge to whom the motion happened to be assigned by the ballot. (h) See p. 449, ante. (c) Arbitration Act, 1889 (52 & 53 Vict. c. 49), s. 6. and see Dallmg v. {d) Goodman v. Sayer.f (1820), 2 Jac. & W. 249, at p. 261 Matchett (1741), Barnes, 57. For form of notice of appointment, see Encyclo;

paedia of Forms, Yol. II., p. 141. (e)

Oswald

V.

Earl Orey (1855), 24 L.

(/) Re Morphett (1845), 2 D.

As

L. 967. to waiver of irregularities, see Bignall

{g)

v.

Bankin (1850), 3 De G-. & Sm. 782. See Re WhitxvJiam and Wrexham etc. Rail.

Hamilton 692.

J. (q. B.) 69.

&

OaJe (1841), 9 Dowl.

631



v.

Co.

(1895),

39 Sol. Jour.